Ever since corporate bonds made their appearance more than a century ago, there has been a steady increase in difficult problems relating thereto. Not the least interesting of these problems pertains to the matter of notice to holders of the bonds and other securities of the contents of the indenture under which they are generally issued. The question becomes acute when one of these bondholders starts suit in law or in equity, and is met by the proposition that his right to so sue is limited by the trust indenture. There are two aspects to the matter, and it is proposed to take them up in order. First, how far is the bondholder charged with knowledge of the contents of the trust indenture? Second, admitting that he is charged with knowledge, is he bound by provisions which limit his right to sue?
CORPORATIONS-TRUST INDENTURE-NOTICE TO SECURITY HOLDERS OF CONTENTS OF INDENTURE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol33/iss4/6